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A few months ago, I published a #30in30 regarding the hindsight bias. As I promised, during this essay, I will give you more information on the impacts on the legal profession as well as on debiasing this classic behavioral bias. This article will be a thorough introduction. Hence, there is no need to read the…

The next time you hear the words “Had you asked me, I could have told you that would happen” you will remember: There is no rational reason to be annoyed. Our brains cannot help but think this way: Tricked by the Hindsight Bias, people tend to rate the likelihood of events higher when already knowing the actual outcome.
What is annoying in our everyday lives can turn hazardous when giving legal advice to your clients. Moreover, both judges and juries are likely to be misguided into applying a much higher standard of proof – especially in cases involving unresolved questions of negligence.

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``In recent years, the growing influence of behavioral law and economics has not only transformed the nature and scope of the legal research but continues to provide crucial insight for legal practitioners and the judiciary.´´ — Julian Grabiger, Chairman of the Rational Think Tank